Teacher Unions Engage in Ongoing Negotiations with Government: Update
Teacher Unions Engage in Ongoing Negotiations with Government: Update
17th April 2024 Updates
The Teacher Unions Met the National Labour Commission today to report on the progress of their negotiations, after the Meeting the Teacher Unions have been given 2nd of May thus 2 weeks to Update the NLC.
Seekersnewsgh wanted to Clarify if the meeting was between the NLC and the Teacher Unions only but a Call to the NAGRAT President Angel Carbonu Clarified the Issue, that the Meeting held today 17th April 2024 is actually between the Government and the Teacher Unions Meeting the National Labour Commission NLC, the next Meeting will also be between the Teacher Unions the Government and the NLC.
The Parties have been given two weeks to resolve the issue and meet again on the 2nd of May 2024.
The Teacher Unions have assured members they are not backing down.
Today, teachers were seen in RED and in their numbers at the premises to give morals to their Union Leaders, something that made the Union leaders Proud.
16th April 2024 Update
The government was expected to meet the Teacher Unions Today 16th April 2024, after the failed meeting on Monday 15th April 2024.
According to an inside source, No one from the government side attended the meeting with the claim they still have no mandate to negotiate.
The Meeting has been adjourned.
The Teacher Unions are to meet the National Labour Commission on 17th April 2024 thus Tomorrow at 2 pm.
Check details on why meeting NLC tomorrow on our YouTube briefing… Seekers News Gh
Get the Latest from our WhatsApp Channel
Update Monday 15th April 2024
PRESS STATEMENT BY THE PRE-TERTIARY TEACHER UNIONS
We write with the highest level of disappointment regarding the lackluster attitude of the Government to the negotiations about the Conditions of Service of the Ghanaian Teachers since the strike was called off.
All this while, our negotiations have not achieved any meaningful outcome.
More disappointing is the fact that the Government Team does not seem to have the requisite mandate to respond adequately to our demands.
In light of the above situation, we would like to caution the general public and the government that in the event of any brouhaha at the Pre-tertiary level, Teacher Union Leaders must not be blamed.
Previous Update
On Monday, April 8th, 2024, representatives from three teacher unions convened with government officials at the Ministry of Education (MOE) Conference Room to discuss the terms of their service. This meeting marked a pivotal moment in ongoing negotiations between the unions and the government.
Get the Latest from our WhatsApp Channel
Given the sensitive nature of labor negotiations, full disclosure of the proceedings would be contrary to good labor practices. However, reliable sources indicate that while no definitive agreements were reached during today’s session, the government has expressed the intention to relay progress and demands to the Finance Ministry for further deliberation.
As the discussions adjourned, the next meeting is scheduled for Monday, April 15th, 2024. It’s important to clarify that any circulating information regarding specific percentages or terms should be disregarded until officially confirmed.
Throughout this process, teachers have stood united behind their union leaders, expressing optimism that the government will address their concerns fairly. While acknowledging the confidentiality necessary for effective negotiations, teachers assert their rightful place as key stakeholders and advocate for transparency in the process.
While adhering to legal guidelines outlined in the Labour Act, 2003 (ACT 651), it’s crucial to uphold the cardinal rules of labor-management negotiations. This process involves a strategic dialogue between labor unions and employers, aiming to achieve mutually beneficial outcomes. Section 96 of the Labour Act mandates that terms and conditions of employment be established through collective bargaining, underscoring the importance of constructive dialogue between both parties.
Amidst these negotiations, union leaders must maintain open communication channels with teachers, keeping them informed of progress and ensuring their voices are heard.
Request for Extension of 15% Retention Premium Call for Negotiation -Public Sector Workers
More on the Cardinal Rule
Cardinal rules in the labour-management negotiation process as enshrined in the Labour ACT, 2003 (ACT 651)
Labor-management negotiation involves a strategic conversation between a labor union and an employer on an issue to reach an agreed and sustainable outcome that is a gain for both parties. Section 96 of the Labour Act, 2003 (Act 651), requires terms and conditions of employment of workers to be concluded between trade unions on one hand and representatives of employers on the other hand by way of a negotiation process called Collective Bargaining.
Section 101 of Act 651, also requires negotiating parties to make rules to govern this procedure thereby giving a legal requirement for the need to have cardinal rules to govern the negotiating process.
Negotiation is a critical and crucial conversation that requires cardinal rules not only as a communication protocol in the negotiating process but also; as ground rules for helpful behaviours that will shape the conversation and allow parties to use language skills effectively.
Cardinal rules therefore become the preparation stage for the parties to not only have a conversation but set the tone and purpose for the negotiation, and allowing parties to determine and share the method of inquiry. Without which it will be difficult for the parties to remove obstacles in arriving at a common Belief, Expectation, Assumption, Concern and Hope (BEACH) at the end of the negotiation process.
THE CARDINAL RULES
The Labour Act, 2003 (Act 651), a social legislation, has in-built cardinal rules that ensures a sustainable outcome from any Labour Management Conversation. In putting together, the ground rules, it is imperative for parties to be mindful of the following:
- The parties must choose a neutral or preferred site that is acceptable as the place for the conversation to take place.
- Parties to the negotiation must have the authority to enter into the conversation to take decisions that will be binding so as not to waste time. This is especially on behalf of the employees as required by Section 103 (2) of Act 651. The negotiating parties must be known to all parties with their respective leads.
- The number of people from each party that can be part of this strategic conversation of negotiation must be agreed upon with quorum determined. The chairperson with any co-chairperson, record keeper or the official minutes’ keeper must be well agreed.
- There should be full disclosure and sharing of information relevant to the negotiation by all parties as required by section 97 (2) of Act 651 and especially by the employer as required under section 9 of Act 651.
- There should be confidentiality of information. Information shared in confidence should not be disclosed to a third party without the prior written consent of the party providing the information as required by section 97 (3) of Act 651. The type of information that must be recorded during the negotiation and that which should be confidential must be determined and agreed upon.
- There is the need for the channels of communication to be kept open especially with the workers as required under section 9(g) of Act 651. That is, all parties must be ready to avoid the unhelpful behavior of distancing by wanting to walk away to block the channel of communication. All must be present for the conversation by way of a quorum and no quitting during the dialogue.
- Parties are to respect and as much as possible protect the interests of each other especially that of the workers as required by section 9(h) of Act 651.
- Parties are to act in good faith and to make every reasonable effort to reach an agreement or settlement as in sections 97 (1) and 153 of Act 651.
- Parties to the negotiation process should be truthful and honest and not make false or fraudulent misrepresentations about matters relevant to the negotiation as required under sections 97 (4) of Act 651
- There should be commitment of parties to reach an agreement as required by section 103 (2) of Act 651. This is by agreeing to generate options to resolve issues as well as to identify an objective criteria for a joint solution that is neutral with respect to self interests.
- Any collective agreement reached should be binding on all parties as required by section 105 (1) of Act 651
- All parties are to be fair and not show any form of aggression by way of threatening to intimidate or even intimidate another during the negotiation process as it is an unfair labour practice under sections 127 (3) & (4) of Act 651.
- The workers during the negotiating process should not resort to the use coercive force or power play, such as a strike or lockout as stated in section 161 of Act 651; since that will cause serious interference with the business of the employer resulting in financial loss. This is an unfair labour practice under section 13 of Act 651.
- Words create worlds hence parties must agree to be courteous and use conciliatory language by talking gently to each other, be honest, open and be specific in assertively seeking their interests.
- It is imperative for parties to agree to ask questions from a positive, appreciative stance.
- People take positions based on their interest which is created by their needs. Parties must therefore agree to focus on their interests not positions so their needs can be satisfied. The negotiation must be interest and principled based as required under sections 97 and 98 of Act 651.
- Parties to agree to actively listen and be ready to summarize their understanding of each other’s issues or interest.
- Parties to agree to avoid heckling, focus on the problem not persons to create an environment for each party to say what they are thinking.
- Parties to agree to reciprocate conciliatory gestures made by another party.
- Parties to agree to settle any dispute by negotiation with seven days after the occurrence of the dispute and agree to a mediation process if unable to reach a resolution after the negotiation process as required under section 154 (1) of Act 651.
- Parties to agree to exhaust all procedures agreed in any collective agreement for dispute resolution before seeking for a mediation process as required under section 154 (2) of Act 651.
- Parties to agree to consent to voluntary arbitration should the mediation process fail as in section 157 of Act 651
- Should a dispute remain unresolved under a voluntary arbitration, parties must agree to the process of a compulsory arbitration under section 164 of Act 651
- Parties must finally agree to be bound to an arbitration award as per section 158 of Act 651
The author is an Organisation Development Practitioner, holds an LLB and LLM. Currently an ADR student at Gamey & Gamey. (Email:kofianokye18@gmail.com)
Source; seekersnewsgh.com / thbfonline.com
